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New Probate and Family Court Rules

Starting May 1, 2009, the Probate and Family Court will adopt several new rules to the existing Rules of Domestic Relations.

  • Rule 4(d)(4) has been amended to require only one publication in the event of an alternative service summons (as oppose to 3 publications in the past)
  • Rule 56 has been amended to allow Summary Judgment in all cases except for those involving divorce, child custody and visitation, or criminal contempt
  • Rule 410 on disclosures has been amended by splitting the 410 disclosures into 2 prongs: The first prong requires automatic disclosure of pay stubs, tax returns and health insurance information within 45 days of service on an action for child support.  The second prong requires a 410 notice to be served on opposing party before further disclosures are necessary.
  • New Rule 27C specifies the format for Summary Judgment in the Probate and Family Court

The text of the amended and new rules can be found here (pdf file):